Among the issues to be discussed at the 2018 World Sailing Annual Conference on October 27 to November 4 is a request from the Sailing Federation of Ukraine for World Sailing to cancel the membership of Russian Yachting Federation (RYF) as a World Sailing member national authority.

Here’s the Ukrainian’s claim:

In March 2014, a part of territory of Ukraine – Crimea peninsula – was annexed by Russian Federation. On 27th of March 2014 United Nations General Assembly adopted a resolution, where it affirms its commitment to the sovereignty, political independence, unity and territorial integrity of Ukraine within its internationally recognized borders.

The UN calls upon all States, international organizations and specialized agencies not to recognize any alteration of the status of the Autonomous Republic of Crimea and the city of Sevastopol on the basis of the above-mentioned referendum and to refrain from any action or dealing that might be interpreted as recognizing any such altered status. IOC follows this decision of UN in its practice.

Since 2015 Russian Yachting Federation have been conducting sailing events on Crimea, including National Championships, National Cups and qualification events. This breaches RRS 89.1 regarding the Organizing authorities.

The Sailing Federation of Ukraine on numerous occasions appealed to the RUSYF to refrain from organizing sailing events on Crimea. WS Board several times reviewed objections of the SFU in this matter and took decision that that organizing authorities on the Crimea must be affiliated to the national authority of the Ukraine in order to be properly affiliated under RRS 89.1 (which is a fundamental requirement of the sport).

Even after official request from WS CEO to RUSYF to respect World Sailing decisions, carry them out, and to refrain from actions that are inconsistent with them, RUSYF has conducted Russian National Championship in Windsurfing in Sevastopol, Crimea in September 2017.

In 2018 RUSYF plans to conduct 19 sailing events in Crimea: two Russian National Championships, three National Cups, nine sailing events of national level and five interregional events. Some of these regattas are included in the national qualification system. These events are included in the Calendar of sport events to be held in Russian Federation and most of them will be sponsored by the federal and regional budgets.

In accordance to the Racing Rules of Sailing, decisions of World Sailing Board and International Olympic Committee sailing events on Crimea can be organized by Sailing Federation of Ukraine or its affiliated bodies only.

WS Constitution prescribes that all members of the Federation are obliged to carry out and have respect for the rules, Regulations and decisions of the Federation; to refrain and to use reasonable endeavours to persuade others within their area of jurisdiction to refrain, from actions that are inconsistent with the objects, rules, Regulations or decisions of the Federation.

One of the grounds on which a member’s status may be challenged is for persistent disregard of or failure to observe the Constitution of the Federation especially as it pertains to the obligations of membership.

Russian Yachting Federation shows persistent disregard of the Constitution of the Federation, Decisions of WS Board and Racing Rules of Sailing.

Sailing Federation of Ukraine, following its membership obligations to carry out the RRS and WS Constitution in its jurisdiction area, requests the WS Council to cancel the membership of RUSYF as WS MNA. This will allow to prevent the violation of WS Constitution and enforce the RRS on Crimea, which is an integral part of Ukraine.

Russian response to Ukrainian dispute

After Ukrainian's claim the RYF President Vladimir Silkin published a counter statement:  Here it is:

1. Crimea has not been annexed in 2014 by the Russian Federation.

On 16.3.2014 the population of Crimea voted on a referendum to be incorporated to Russia or to stay as an independent republic of Ukraine.

The population of Crimea and the city of Sevastopol voted with 96% in favour to be incorporated to Russia. The request of Crimea to be incorporated was accepted by Russia.

Therefore, Crimea was not annexed, but incorporated to Russia. Since then Crimea is part of Russia and the sailing in Crimea is therefore governed by the Russian Sailing Federation (RYF) and not any longer by the Sailing Federation of Ukraine (SFU).

The World Sailing (WS) regulation 19.16.b and 33.7 has rulings on the eligibility of a competitor and for a Race Official in the case if a part of an existing country is incorporated into another country in that way that a competitor or Race Official may represent the new country. These rules shall be applied analogue also for the organizing authority in the meaning of RRS 89.1.

2. The UN general assembly has no power to make binding decisions on people’s law.

The question whether Crimea is part of Ukraine or of Russia is a question of people’s law. The only authority to make binding decisions on people’s law is the International Court of Justice (ICJ) in Den Hague (NED). Until now Ukraine has not even put forward a claim to the International Court of Justice that Crimea is still part of Ukraine territory.

Neither the UN General Assembly nor IOC do have the power to make final decisions on that subject.

3. The RYF was not the organizing authority (OA) of the RUS Windsurfing Nat. Championship 2017 in Crimea.

The OA of the Russian National Windsurfing Championship in Sept. 2017 in Sevastopol was alone the Sevastopol Sailing Federation. The RYF was not the OA. Not even the Notice of Race has been approved by the RYF.

In addition, the Funboard Class championship started on Aug.20th 2017. Only with letter of Sept. 10th WS informed RYF that the organizing authorities of sailing events on Crimea must be affiliated to the national authority of Ukraine. This message of WS came only after this event. The Formula and Slalom championship started on Sept. 17th. Concerning that event the message of WS came to the RYF too late to try to stop the event.

Therefore, it is not true that RYF did not respect a notice of WS.

4. The RYF is not acting as OA in any sailing event in 2018.

During the WS Conference in November 2017 in Mexico, the parties (SFU, RYF) and WS achieved an agreement in that way that WS will highlight in the Crimean regatta calendar for 2018 (19 events) those events, WS thinks, should not take place in Crimea. WS has marked 7 events in the calendar. On the request of WS and supported by RYF, five events were voluntarily cancelled.

The other two events (Nat. Sailing league High- and Premier Division) are events of the National Sailing League Ltd. which is a private company on which the RYF has no authority. The National Sailing League Ltd. was unable to cancel the events because of severe contractual penalty and additional severe damage consequences.

These circumstances addressed under no. 1 – 4 show that RYF did neither infringe RRS 89.1 nor did RYF persistently disregard the WS Constitution and decisions of the WS Board.

Therefore, there are no grounds to exclude the RYF from WS.

5. WS shall not dispute political matters.

The whole issue about the legal status of Crimea is a political matter on which WS shall not have a discussion (const. art. 28d and art. 56).

The legal status of Crimea is not of direct relevance to yachting and shall not be discussed in WS.

6. The way out of the dispute between SFU and RYF

Considering the actual situation and not the political situation on Crimea, concerning the promotion of sailing, it is a fact that in this area only the Sevastopol Sailing Federation and the Crimea Regional Sailing Federation are showing regatta activities.

Neither the SFU nor its affiliated members show any activities to organize regattas in Crimea

In fact, if SFU is claiming the sole right to run regattas in Crimea, it behaves like the “emperor without clothes”. If the authorities on Crimea would stop to organize events, then the sailing activities on Crimea with the famous sailing area in Sevastopol would die out completely. Crimea would become an empty area concerning the sailing sport.

The RYF does not want to up hurdles against SFU and its affiliated members to organize regattas in Crimea. Therefore, RYF proposes that SFU, RYF and its affiliated members may organize regattas in Crimea. If one of them wishes to be also involved as organizing authority it has the right to act as co-organizer with the same rights and duties.

By following this proposal both parties can leave behind all political disputes and can work together in co-operation to promote sailing in Crimea.